Case Note & Summary
The appeal arises from a judgment of the Additional Sessions Judge, Vaijapur, convicting three appellants for the murder of Baburao Dhanad, who was the step-brother of appellants No.1 and 2 and step-son of appellant No.3. The incident occurred on 20th July 2012 at around 7:00 p.m. in the agricultural field of the deceased. The prosecution case, based on the complaint of Rajendra (son of deceased), was that the appellants attacked the deceased with sticks and a sickle over a land dispute. The deceased sustained multiple injuries and died on the spot. The trial court convicted all three under Section 302 read with Section 34 IPC, sentencing them to life imprisonment and a fine of Rs.1,000 each. Additionally, appellant No.3 was convicted under Section 324 IPC (three years imprisonment) and appellant No.2 under Section 323 IPC (one year imprisonment). The High Court heard the appeal and examined the evidence, including the testimony of Rajendra (PW-1), who was an eyewitness, and other family members. The court noted that the witnesses were interested but their evidence was consistent and corroborated by the medical evidence and the dying declaration of the deceased (Exh. 28). The court found that the common intention of the appellants was established as they all participated in the assault. The court also considered the motive of land dispute. The High Court upheld the convictions and sentences, finding no reason to interfere with the trial court's findings. The appeal was dismissed.
Headnote
A) Criminal Law - Murder - Common Intention - Section 302 read with Section 34, Indian Penal Code, 1860 - Appellants convicted for murder of step-brother in land dispute - Evidence of son and other family members found credible - Dying declaration consistent with ocular evidence - Held that common intention established as all accused participated in assault with weapons (Paras 1-10). B) Criminal Law - Hurt - Sections 323 and 324, Indian Penal Code, 1860 - Appellant No.3 convicted under Section 324 for causing hurt with a stick, Appellant No.2 convicted under Section 323 for simple hurt - Sentences of three years and one year respectively upheld - Held that injuries corroborated by medical evidence (Paras 1-10). C) Evidence Law - Interested Witness - Credibility - Testimony of son and other relatives - Not rendered unreliable merely because they are interested - Court found their evidence consistent and trustworthy - Held that conviction can be based on such evidence if corroborated (Paras 5-10).
Issue of Consideration
Whether the conviction of the appellants under Section 302 read with Section 34 IPC and other offences is sustainable based on the evidence of interested witnesses and the dying declaration.
Final Decision
The High Court dismissed the appeal and upheld the conviction and sentences imposed by the trial court.
Law Points
- Common intention under Section 34 IPC
- Murder under Section 302 IPC
- Hurt under Sections 323 and 324 IPC
- Appreciation of evidence of interested witnesses
- Dying declaration
- Motive in land dispute
